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STATE v. AGUSTIN

No. COA12-1065.

747 S.E.2d 316 (2013)

STATE of North Carolina v. Arnulfo AGUSTIN.

Court of Appeals of North Carolina.

August 20, 2013.

Attorney(s) appearing for the Case

Attorney General Roy Cooper , by Assistant Attorney General Olga Vysotskaya , for the State.

Kevin P. Bradley , Durham, for defendant-appellant.

STEELMAN, Judge.

Where there was substantial evidence that defendant committed the offense charged after 1 December 2008, the trial court did not err in submitting the offense of rape of a child to the jury. Where the evidence as to the age of the defendant was uncontroverted, the trial court did not commit plain error in declining to instruct the jury on the lesser included offense of first-degree rape. Where the statute...

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